[DROIC-1004] Séance 1 - Le Droit et ses sources

Summary

This lecture explores the concept of law, focusing on its definitions and sources. The speaker distinguishes between 'objective law' (rules that govern society) and 'subjective law' (individual rights). The discussion highlights the importance of law in regulating social interactions and preventing arbitrariness. The speaker delves into the formal sources of law, such as legislation, jurisprudence, and doctrine, and emphasizes their roles in creating and interpreting law. The lecture also touches on legal positivism and the recognition of rights within the legal system, offering insights into the foundational principles of legal studies.

Takeaways

• 😀 The social bubble refers to the number of people one is allowed to interact with closely on a weekly basis.
• 😀 There is a push for the liberalization of abortion rights in some parts of the world.
• 😀 The European Union recently expressed anger over the violation of international law, as highlighted by Boris Johnson's bill.
• 😀 The concept of law is multifaceted and cannot be easily defined; it encompasses various interpretations.
• 😀 Law can be understood as a set of rules that regulate the conduct of individuals in society, known as 'objective law.'
• 😀 The law also encompasses individual rights and powers recognized by the legal system, known as 'subjective law.'
• 😀 The study of law is seen as the scientific discipline that examines these rules and rights, often referred to as legal science.
• 😀 Objective law is crucial in society as it prevents arbitrariness and promotes peaceful coexistence by regulating power dynamics.
• 😀 Laws are not always neutral; they can be oppressive, such as laws in Nazi Germany or China, which may perpetuate arbitrariness rather than curbing it.
• 😀 Legal positivism defines law as rules created by public authorities that regulate relationships among individuals, but not all rules are necessarily legal.
• 😀 Morality and good manners may influence behavior but are distinct from law. Law is defined by its origin from public authority, such as constitutions or laws passed by parliaments.

Q & A

What is meant by 'social bubble' as discussed in the transcript?

The 'social bubble' refers to the number of people one is allowed to interact closely with each week. It is a term used to describe restrictions on social interactions in certain contexts, such as during the pandemic.

What is the distinction between 'objective' and 'subjective' law?

'Objective law' refers to an entire system of rules that regulate society, whereas 'subjective law' concerns the rights and powers an individual holds under the legal system, such as the right to marry or to own property.

What role does law play in preventing arbitrariness?

Law seeks to prevent arbitrariness by creating a system of rules that govern interactions, thus avoiding the imposition of an individual's desires or needs on others by force or power.

What is the difference between law and morality or etiquette?

Morality and etiquette are systems of norms that govern behavior, but they do not have the force of law. Law is enforced by public authorities, while morality and etiquette rely more on social pressures.

How can one determine if a rule is part of the law?

A rule becomes part of the law if it originates from a public authority, either directly, like a law passed by a parliament, or indirectly, like private agreements that are recognized by the legal system.

What are the two types of legal sources mentioned in the transcript?

The two types of legal sources are 'material sources' (contextual factors like history, politics, and culture that influence the creation of laws) and 'formal sources' (documents or acts that contain legal rules, such as laws, regulations, and court decisions).

What is the difference between 'legislation', 'jurisprudence', and 'doctrine' in legal sources?

Legislation refers to laws created by authorities, jurisprudence consists of court decisions interpreting and applying laws, and doctrine refers to the academic or professional writing that analyzes and critiques the law.

How do court decisions (jurisprudence) contribute to the legal system?

Court decisions interpret and apply existing laws to specific cases. While they don't create new laws, they clarify how the law should be understood and implemented, and sometimes fill gaps in legislation.

What influence does legal doctrine have on the law?

Legal doctrine, while not directly creating law, can influence the development of law by shaping academic discourse, guiding legal professionals, and sometimes even influencing legislative changes or judicial decisions.

Why is understanding the sources of law important for studying law?

Understanding the sources of law is crucial for legal studies because they provide the foundation for interpreting and applying laws in real-world scenarios. They help determine how laws are created, how they evolve, and how they should be enforced.